Which of the Following Would Most Likely Result in the Court

question 39

Multiple Choice

Which of the following would most likely result in the court finding that the contract had been discharged by frustration?

• A)McDonald agreed to buy Thornburn's horse,but unknown to both of them,at the time of the contract the horse was dead.
• B)McGee contracts to give a lecture at a convention on modern marketing,but the convention was cancelled because of an epidemic.
• C)Binks agreed to purchase the business from Kealy,but Binks suffered such great losses in the recent stock market crash that he couldn't afford to go through with it.
• D)Moore,a sculptor,was delivering a $15 000 work when he lost control of the car and the work was crushed.He had been drinking heavily and had not bothered to wrap or box the work.
• E)Cooper contracts to deliver 10 bushels of ripe tomatoes to Haig's restaurant,and Cooper's tomato crop is destroyed by hail a few days before the delivery date.

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Definitions:

Arbitration

A dispute resolution process where an impartial third party, the arbitrator, makes decisions to resolve a dispute outside of court.

Mediator

A neutral third party who facilitates negotiations between conflicting parties with the aim of reaching a voluntary, mutually acceptable resolution.

Just Cause Clause

A provision in an employment contract requiring the employer to provide a legitimate reason for terminating an employee.

Job-related

Pertaining to aspects or matters that are directly connected to one's profession or employment.